Understanding how liability works in a car accident is crucial for any driver living in California. The legal process surrounding auto accidents can be complex and overwhelming so having a basic knowledge about negligence and your rights after being hit can prove extremely beneficial. Continue reading and consult with a San Mateo County, California motor vehicle accident lawyer for more information and skilled legal representation.
How Does Car Accident Liability Work in CA?
When it comes to liability, California is an at-fault car accident state. In an at-fault or tort state, the individual who is determined to have caused the car accident will be responsible for covering the associated damages and compensating any injuries sustained.
If you are involved in a car accident caused by another driver you can file an insurance claim or lawsuit against the negligent party. To determine liability, insurance companies will generally review a variety of evidence including the following.
- Photos from the scene of the accident
- The police report
- Video surveillance
- Vehicle damage
- Witness statements
- Expert testimony
Whether in an insurance claim or civil court, the above evidence can be examined to determine which party was responsible for causing the collision. This individual will be considered liable for covering the victim’s medical expenses, lost wages, property damage, pain and suffering, and more.
Another important consideration is that liability can be shared between multiple parties in California.
What is Comparative Negligence?
Comparative negligence is a tort principle that can be used in civil courts. In a negligence-based claim or lawsuit, comparative negligence can be used to determine which drivers involved are partially responsible for causing or contributing to the accident. The outcome of this determination can impact the amount of compensation that is awarded.
For example, suppose you are driving through an intersection at the speed limit when another car runs its stop sign, colliding with your vehicle. Because you were following the traffic laws and did not contribute to the accident or damages, the other driver will likely be assigned 100% of the negligence and liability. This means that if your damages are $1,000, you are entitled to receive compensation for the entirety of your expenses.
However, consider the same situation except this time you were speeding through the intersection and were not wearing your seatbelt. Because you were driving over the speed limit and did not take proper safety precautions by buckling in, you likely exacerbated your injuries and the damages resulting from the accident. While the other driver still caused the crash, you contributed to it. In this situation you may be assigned 20% of the blame, meaning you are only entitled to 80% of your total damages.
Liability and negligence in car accidents can be complicated so it is important that you are adequately represented in your case. Reach out to an experienced attorney today.
